FAIRHAVEN — Selectmen have scheduled a meeting with Hands Across the Bay and the Buzzards Bay Coalition Jan. 22 to discuss the Environmental Protection Agency's proposals for the cleanup of New Bedford Harbor. Selectmen said they will vote on a letter of opposition to the EPA's proposed settlement with AVX after the meeting. The settlement involves the use of confined aquatic disposal (CAD) cells to cap or contain polychlorinated biphenyls (PCBs) discharged into the harbor from the former Aerovox corporation in New Bedford.

Aerovox was an electronic component manufacturer, whose use of PCBs polluted the Acushnet River and New Bedford Harbor from the 1940's to the 1970's. The EPA recently negotiated a $366 million settlement with AVX, the parent company for what was formerly Aerovox.

Local public officials in the New Bedford, Fairhaven and Acushnet community are advocating for a reopener clause in the agreement in case the $366 million doesn't cover the costs.

"It is incredulous to believe that the EPA can finish the clean-up of over 675,000 cubic yards of the harbor sediment for $366 million when it spent $425 million to clean up the first 225,000 cubic yards, " said Senator Mark Montigny recently.

According to the Buzzards Bay Coalition website, "Only 27 percent of the New Bedford Harbor PCBs have been cleaned up after 28 years and more than $325 million spent."

Even though the official comment period has ended, the Fairhaven Board of Selectmen said it will submit an official letter against the proposed settlement. Acushnet's selectmen sent a similar letter in support of the coalition's objections a few weeks ago.

The Department of Justice hasn't approved the settlement amount yet.

At the selectmen's meeting Jan. 7, Chairman Brian Bowcock said, "I do not believe that $366 million will be enough. Once AVX signs the agreement, we can't go back to the well. EPA will not come out with more money to fund this project and New Bedford, Acushnet and Fairhaven do not have the resources."

Mr. Bowcock said the reopener clause is necessary to accomplish this. He said at Fairhaven's upcoming meeting, Hands Across the Bay and the Buzzards Bay Coalition will discuss why the amount isn't sufficient.

Buzzards Bay Coalition President Mark Rasmussen said he will be voicing his concerns at the Fairhaven meeting. In an interview with the Advocate, he said the cleanup is costing far more than expected because the EPA is using an outdated plan to calculate the dollar amount.

He said one of the reasons the coalition is advocating for the reopener clause is because the EPA's standards were historically formulated for industrial land use for land converted for housing, open space, recreation and tourism.

"The EPA is obligated to improve these standards to follow public health criteria," said Mr. Rasmussen.

Mr. Rasmussen also said the proposed CAD cells aren't sufficient to contain the PCBs and thus aren't safe for the community. Instead, he is pushing for hydraulic dredging, which is an offsite disposal method. According to Mr. Rasmussen, hydraulic dredging would cost more, but would benefit the future of the communities affected.

He said dredging and offsite disposal will "remove toxic pollution from our lives, which is a basic human right."

Senator Montigny defended his position of opposition, saying, "Under the present agreement, without a re-opener, it is unlikely that South Coast residents will ever be able to fully use the Harbor's water for fishing, recreational or other beneficial uses."

Senator Montigny said he will be an available presence at next week's meeting. The meeting will be held at the Fairhaven Town Hall at 8 p.m., on Tuesday, Jan. 22, and is open to the public.

On its website, the EPA explains its decision to use a CAD cell, saying, "The CAD cell will enable completion of the lower harbor cleanup more quickly, and at a lower cost.

"The CAD cell was selected for the disposal of 300,000 cubic yards of sediment containing between 50-190 parts per million of PCBs located mostly in the lower harbor south of the I-195 bridge.

"These levels are much lower than the levels found in the upper harbor, which range up to 4,000 ppm of PCBs."

More information on the Buzzards Bay Coalition and EPA positions can be found on their websites.